Sterilization of Homeowners’ Land and Loss of Property Value Occasioned by Aggregate Extraction in Ontario: A De Facto Taking Without Compensation

Aggregate extraction operations are notorious for causing significant environmental damage, often permanent and irreversible, and when permitted in the wrong geographic locations nearby property owners are adversely and uniquely impacted. Through no fault of their own conduct, innocent property owners near an aggregate extraction operation experience a diminished quality of life, lose the full use and enjoyment of their properties, and sustain a reduction in the value of their properties, for which no compensation is received. The unauthorized and free use of third-party property by a Pit or Quarry results in a de facto taking of an interest in land similar to an easement for as long as the Pit or Quarry remains operational, which, in Ontario, should be assumed to be in perpetuity. A Licence to extract aggregate has no expiry date, and annual tonnage figures are not publicly accessible. Given the indeterminate duration of aggregate extraction, municipalities need to develop robust land use policies that will protect existing communities, sustain orderly and efficient long-term growth and preserve the quality of life for future generations.